Justicia restaurativa: su aplicación en los expedientes de intervención y la percepción de los profesionales, en casos de violencia de género contra la mujer, en el Instituto de Criminología e Intervención Psicosocial Familiar de la Universidad de Cuenca, año 2024

Abstract

Restorative Justice constitutes an alternative approach to traditional punitive justice, promoting the participation of victims, offenders, and society collectively to address, in this case, gender-based violence against women. However, its application remains nascent in such contexts, largely due to existing legal frameworks and enforcement practices. This research aimed to describe the implementation of restorative justice elements in case files of female victims of gender-based violence and to analyze professionals’ perceptions of this alternative approach within criminal proceedings at the Institute of Criminology, University of Cuenca, during 2024. The study employed a qualitative, non-experimental design with an exploratory scope, adopting a phenomenological perspective. Data collection included documentary reviews of intervention records via a structured form, as well as semi-structured interviews with the technical team to gauge their perceptions of restorative justice in violence cases. Thematic analysis was applied to process the gathered information. Findings revealed that restorative elements are present in the interventions conducted by the institute, though these are not explicitly framed within a restorative justice paradigm. Instead, they emerge indirectly through practices oriented toward the integral reparation of harm, influenced by the application of legal norms and resolutions specific to gender violence. Additionally, the technical team’s perceptions reflected superficial familiarity with restorative justice principles, despite their interventions aligning with certain restorative elements. This underscores a gap between practical implementation and theoretical understanding, highlighting the need for targeted training and clearer integration of restorative frameworks into legal and procedural guidelines.